[Congressional Record Volume 148, Number 149 (Monday, November 18, 2002)]
[Senate]
[Pages S11296-S11306]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AVIATION SECURITY IMPROVEMENT ACT
Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the
Senate proceed to the immediate consideration of Calendar No. 623, S.
2949.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 2949) to provide for enhanced aviation security,
and for other purposes.
There being no objection, the Senate proceeded to consider the
bill which had been reported from the Committee on Commerce, Science,
and Transportation, with amendments, as follows:
[Strike the parts shown in black brackets and insert the parts shown
in italic.]
S. 2949
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49.
(a) Short Title.--This Act may be cited as the ``Aviation
Security Improvement Act''.
(b) Amendment of Title 49.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or a repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of title 49,
United States Code.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title; amendment of title 49.
Sec. 2. Table of contents.
TITLE I--EXPLOSIVE DETECTION SYSTEMS
Sec. 101. Explosive detection systems.
TITLE II--AIR CARGO SECURITY
Sec. 201. Inspection of cargo carried aboard passenger aircraft.
Sec. 202. Air cargo shipping.
Sec. 203. Cargo carried aboard passenger aircraft.
Sec. 204. Training program for cargo handlers.
Sec. 205. Cargo carried aboard all-cargo aircraft.
TITLE III--PASSENGER IDENTIFICATION
Sec. 301. Passenger identification.
[[Page S11297]]
Sec. 302. Passenger identification verification.
TITLE IV--CIRCUMVENTION OF AIRPORT SECURITY
Sec. 401. Prohibition on unauthorized circumvention of airport security
systems and procedures.
TITLE V--WAR RISK INSURANCE
Sec. 501. War risk insurance for certain aircraft.
TITLE VI--BLAST RESISTANT CARGO CONTAINER TECHNOLOGY
Sec. 601. Blast-resistant cargo container technology.
TITLE VII--FLIGHT SCHOOLS
Sec. 701. Modification of requirements regarding training to operate
aircraft
TITLE VIII--MISCELLANEOUS
Sec. 801. Applications for nonlethal cockpit weapons
Sec. 802. FAA Notices to Airmen FDC 1/3353 and 2/95823.
TITLE [VII] IX--TECHNICAL CORRECTIONS
Sec. [701.] 901. Technical corrections.
TITLE I--EXPLOSIVE DETECTION SYSTEMS
SEC. 101. EXPLOSIVE DETECTION SYSTEMS.
Section 44901(d) is amended by adding at the end the
following:
``(2) [Failure to meet deadline] Deadline.--
``(A) In general.--If the Under Secretary of Transportation
for Security determines that the Transportation Security
Administration is not able to deploy explosive detection
systems required to be deployed under paragraph (1) at all
airports where explosive detection systems are required by
December 31, 2002, then with respect to each airport for
which the Under Secretary makes that determination--
``(i) the Under Secretary shall submit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a detailed plan (which may be submitted in
classified form) for the deployment of the number of
explosive detection systems at that airport necessary to meet
the requiremens of paragraph (1) as soon as practicable at
that airport; and
``(ii) the Under Secretary shall take all necessary action
to ensure that alternative means of screening all checked
baggage is implemented until the requirements of paragraph
(1) have been met.
``(B) Criteria for determination.--In making a
determination under subparagraph (A), the Under Secretary
shall take into account--
``(i) the nature and extent of the required modifications
to the airport's terminal buildings, and the technical,
engineering, design and construction issues;
``(ii) the need to ensure that such installations and
modifications are effective; and
``(iii) the feasibility and cost-effectiveness of deploying
explosive detection systems in the baggage sorting area or
other non-public area rather than the lobby of an airport
terminal building.
``(C) Limitation.--The Under Secretary may not make a
determination under subparagraph (A) in the case of more than
40 airports.
``(D) Airport effort required.--Each airport with respect
to which the Under Secretary makes a determination under
subparagraph (A) shall--
``(i) cooperate fully with the Transportation Security
Administration with respect to screening checked baggage and
changes to accommodate explosive detection systems; and
``(ii) make security projects a priority for the obligation
or expenditure of funds made available under chapter 417 or
471 until explosive detection systems required to be deployed
under paragraph (1) have been deployed at that airport.
``(3) Reports.--
``(A) In general.--Until the Transportation Security
Administration has met the requirements of paragraph (1), the
Under Secretary shall submit a classified report every 30
days after the date of enactment of the Aviation Security
Improvement Act to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure describing the progress
made toward meeting such requirements at each airport.
``(B) Limit on number of reports.--The Under Secretary
shall submit reports for each airport until the requirements
of paragraph (1) have been met, but may not submit more
than [6] 12 reports for any airport.''.
TITLE II--AIR CARGO SECURITY
SEC. 201. INSPECTION OF CARGO CARRIED ABOARD PASSENGER
AIRCRAFT.
Section 44901(f) is amended to read as follows:
``(f) Cargo.--
``(1) In general.--The Under Secretary of Transportation
for Security shall establish [a system] systems to screen,
inspect, or otherwise ensure the security of all cargo that
is to be transported in--
``(A) passenger aircraft operated by an air carrier or
foreign air carrier in air transportation or intrastate air
transportation; or
``(B) all-cargo aircraft in air transportation and
intrastate air transportation.
``(2) Strategic plan.--The Under Secretary shall develop a
strategic plan to carry out paragraph (1).''.
SEC. 202. AIR CARGO SHIPPING.
(a) In General.--Subchapter I of chapter 449, is amended by
adding at the end the following:
``Sec. 44921. Regular inspections of air cargo shipping
facilities
``The Under Secretary of Transportation for Security shall
establish a system for the regular inspection of shipping
facilities for shipments of cargo transported in air
transportation or intrastate air transportation to ensure
that appropriate security controls, systems, and protocols
are observed, and shall enter into [such] arrangements with
the civil aviation authorities, or other appropriate
officials, of foreign countries to ensure that inspections
are conducted on a regular basis at shipping facilities for
cargo transported in air transportation to the United
States.''.
(b) Additional Inspectors.--The Under Secretary may
increase the number of inspectors as necessary to implement
the requirements of title 49, United States Code, as amended
by this title.
(c) Conforming Amendment.--The chapter analysis for chapter
449 is amended by adding at the end the following:
``44921. Regular inspections of air cargo shipping facilities.''.
SEC. 203. CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
(a) In General.--Subchapter I of chapter 449, is further
amended by adding at the end the following:
``Sec. 44922. Air cargo security
``(a) Database.--The Under Secretary of Transportation for
Security shall establish an industry-wide pilot program
database of known shippers of cargo that is to be transported
in passenger aircraft operated by an air carrier or foreign
air carrier in air transportation or intrastate air
transportation. The Under Secretary shall use the [database]
results of the pilot program to improve the known shipper
program.
``(b) Indirect Air Carriers.--
``(1) Random inspections.--The Under Secretary shall
conduct random audits, investigations, and inspections of
indirect air carrier facilities to determine if the indirect
air carriers are meeting the security requirements of this
title.
``(2) Ensuring compliance.--The Under Secretary may take
such actions as may be appropriate to promote and ensure
compliance with the security standards established under this
title.
``[(2)] (3) Notice of failures.--The Under Secretary shall
notify the Secretary of Transportation of any indirect air
carrier that fails to meet security standards established
under this title.
``[(3)] (4) Suspension or revocation of certificate.--The
Secretary, as appropriate, shall suspend or revoke any
certificate or authority issued under chapter 411 to an
indirect air carrier immediately upon the recommendation of
the Under Secretary. Any indirect air carrier whose
certificate is suspended or revoked under this subparagraph
may appeal the suspension or revocation in accordance with
procedures established under this title for the appeal of
suspensions and revocations.
``[(4)] (5) Indirect air carrier.--In this subsection, the
term `indirect air carrier' has the meaning given that term
in part [109 of title 14,] 1548 of title 49, Code of Federal
Regulations.''.
(b) Assessment of Indirect Air Carrier Program.--The Under
Secretary of Transportation for Security shall assess the
security aspects of the indirect air carrier program under
part [109 of title 14,] 1548 of title 49, Code of Federal
Regulations, and report the result of the assessment,
together with any recommendations for necessary modifications
of the program to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure within 45 days after the
date of enactment of this Act. The Under Secretary may submit
the report and recommendations in classified form.
(c) Report to Congress on Random Audits.--The Under
Secretary of Transportation for Security shall report to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure on random screening, audits, and
investigations of air cargo security programs based on threat
assessments and other relevant information. The report may be
submitted in classified form.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Transportation such
sums as may be necessary to carry out this section.
(e) Conforming Amendment.--The chapter analysis for chapter
449, as amended by section 202, is amended by adding at the
end the following:
``44922. Air cargo security.''.
SEC. 204. TRAINING PROGRAM FOR CARGO HANDLERS.
The Under Secretary of Transportation for Security shall
establish a training program for any persons that handle air
cargo to ensure that the cargo is properly handled and safe-
guarded from security breaches.
SEC. 205. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT.
(a) In General.--The Under Secretary of Transportation for
Security shall establish a program requiring that air
carriers operating all-cargo aircraft have an approved plan
for the security of their air operations area, the cargo
placed aboard such aircraft, and persons having access to
their aircraft on the ground or in flight.
[[Page S11298]]
(b) Plan Requirements.--The plan shall include provisions
for--
(1) security of each carrier's air operations areas and
cargo acceptance areas at the airports served;
(2) background security checks for all employees with
access to the air operations area;
(3) appropriate training for all employees and contractors
with security responsibilities;
(4) appropriate screening of all flight crews and persons
transported aboard all-cargo aircraft;
(5) security procedures for cargo placed on all-cargo
aircraft as provided in section [44901(f)] 44901(f)(1)(B) of
title 49, United States Code; and
(6) additional measures deemed necessary and appropriate by
the Under Secretary.
(c) Confidential Industry Review and Comment.--
(1) Circulation of proposed program.--The Under Secretary
shall--
(A) propose a program under subsection (a) within 90 days
after the date of enactment of this Act; and
(B) distribute the proposed program, on a confidential
basis, to those air carriers and other employers to which the
program will apply.
(2) Comment period.--Any person to which the proposed
program is distributed under paragraph (1) may provide
comments on the proposed program to the Under Secretary not
more than 60 days after it was received.
(3) Final program.--The Under Secretary of Transportation
shall issue a final program under subsection (a) not later
than 45 days after the last date on which comments may be
provided under paragraph (2). The final program shall contain
time frames for the plans to be implemented by each air
carrier or employer to which it applies.
(4) Suspension of procedural norms.--Neither chapter 5 of
title 5, United States Code, nor the Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to the program
required by this section.
TITLE III--PASSENGER IDENTIFICATION
SEC. 301. PASSENGER IDENTIFICATION.
(a) In General.--Subchapter I of chapter 449, as amended by
title II of this Act, is further amended by adding at the end
the following:
``Sec. 44923. Passenger identification
``(a) In General.--Not later than 180 days after the date
of enactment of the Aviation Security Improvement Act, the
Under Secretary of Transportation for Security, in
consultation with the Administrator of the Federal Aviation
Administration, appropriate law enforcement, security, and
terrorism experts, representatives of air carriers and labor
organizations representing individuals employed in commercial
aviation, shall develop protocols to provide guidance for
detection of false or fraudulent passenger identification.
The protocols may consider new technology, current
identification measures, training of personnel, and issues
related to the types of identification available to the
public.
``(b) Air Carrier Programs.--Within 60 days after the Under
Secretary issues the protocols under subsection (a) in final
form, the Under Secretary shall provide them to each air
carrier. The Under Secretary shall establish a joint
government and industry council to develop recommendations on
how to implement the protocols. The Under Secretary shall
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure within 1 year after the
date of enactment of the Aviation Security Improvement Act on
the actions taken under this section.''.
(b) Conforming Amendment.--The chapter analysis for chapter
449, is amended by adding at the end the following:
``44923. Passenger identification.''.
SEC. 302. PASSENGER IDENTIFICATION VERIFICATION.
(a) Requirement.--Subchapter I of chapter 449, is further
amended by adding at the end the following:
``Sec. 44924. Passenger identification verification
``(a) Program Required.--The Under Secretary of
Transportation for Security may establish and carry out a
program to require the installation and use at airports in
the United States of such identification verification
technologies as the Under Secretary considers appropriate to
assist in the screening of passengers boarding aircraft at
such airports.
``(b) Technologies Employed.--The identification
verification technologies required as part of the program
under subsection (a) may include identification scanners,
biometrics, [retinal] retinal, iris, or facial scanners, or
any other technologies that the Under Secretary considers
appropriate for purposes of the program.
``(c) Commencement.--If the Under Secretary determines that
the implementation of such a program is appropriate, the
installation and use of identification verification
technologies under the program shall commence as soon as
practicable after the date of that determination.''.
(b) Conforming Amendment.--The chapter analysis for chapter
449, is amended by adding at the end the following:
``44924. Passenger identification verification.''.
TITLE IV--CIRCUMVENTION OF AIRPORT SECURITY
SEC. 401. PROHIBITION ON UNAUTHORIZED CIRCUMVENTION OF
AIRPORT SECURITY SYSTEMS AND PROCEDURES.
(a) Prohibition.--Section 46503 is amended--
(1) by inserting ``(a) Interference With Security Screening
Personnel.--'' before ``An individual''; and
(2) by adding at the end the following new subsection:
``(b) Unauthorized Circumvention of Security Systems and
Procedures.--An individual in an area within a commercial
service airport in the United States who intentionally
circumvents, in an unauthorized manner, a security system or
procedure in the airport shall be fined under title 18,
imprisoned for not more than 10 years, or both.''.
(b) Conforming and Clerical Amendments.--
(1) The section heading of that section is amended to read
as follows:
``Sec. 46503. Interference with security screening personnel;
unauthorized circumvention of security systems or
procedures''.
(2) The item relating to that section in the table of
sections at the beginning of chapter 465 is amended to read
as follows:
``46503. Interference with security screening personnel; unauthorized
circumvention of security systems or procedures.''.
TITLE V--WAR RISK INSURANCE
SEC. 501. WAR RISK INSURANCE FOR CERTAIN AIRCRAFT.
Section 44302 is amended by adding at the end the
following:
``(f) War Risk Insurance.--
``(1) In general.--Not later than 30 days after the date of
enactment of the Aviation Security Improvement Act, the
Secretary shall--
``(A) extend for 270 days from such date of enactment the
termination date of any aviation war risk insurance policies
the Department issued that were in effect on such date of
enactment on terms that are no less favorable than the terms
of those policies as the policies were in effect on June 19,
2002; and
``(B) offer to amend each policy the term of which is
extended to provide coverage for losses or injuries to hull,
passengers, and crew, in addition to coverage for injury to
third parties (with respect to both persons and property), on
such terms and conditions as the Secretary may prescribe, at
an additional premium comparable to the premium charged for
the third-party casualty coverage under existing Federal
Aviation Administration policies.
``(2) Report.--Not later than 90 days after the date of
enactment of the Aviation Security Improvement Act, the
Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report that--
``(A) evaluates the availability of war risk insurance for
air carriers and other aviation entities for passengers and
third parties;
``(B) analyzes the economic effect upon air carriers and
other aviation entities of available war risk insurance; and
``(C) describes the manner in which the Department could
provide an alternative means of providing aviation war risk
reinsurance covering passengers, crew, and third parties
through use of a risk-retention group or by other means.''.
TITLE VI--BLAST RESISTANT CARGO CONTAINER TECHNOLOGY
SEC. 601. BLAST-RESISTANT CARGO CONTAINER TECHNOLOGY.
Not later than 6 months after the date of enactment of this
Act, the Under Secretary of Transportation for Security, and
the Administrator of the Federal Aviation Administration,
shall jointly submit a report to Congress that--
(1) evaluates blast-resistant cargo container technology to
protect against explosives in passenger luggage and cargo;
(2) examines the advantages associated with this technology
in preventing the damage and loss of aircraft from terrorist
action, any operational impacts which may result
(particularly added weight and costs) and whether
alternatives exist to mitigate such impacts, and options
available to pay for this technology; and
(3) provides recommendations on what further action, if
any, should be taken with respect to the use of blast-
resistant cargo containers on passenger aircraft.
TITLE VII--FLIGHT SCHOOLS
SEC. 701. MODIFICATION OF REQUIREMENTS REGARDING TRAINING TO
OPERATE AIRCRAFT.
(a) Aliens Covered by Waiting Period.--Subsection (a) of
section 44939 is amended--
(1) by resetting the text of subsection (a) after ``(a)
Waiting Period.--'' as a new paragraph 2 ems from the left
margin;
(2) by striking ``A person'' in that new paragraph and
inserting ``(1) In general.--A person'';
(3) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(4) by striking ``any aircraft having a maximum
certificated takeoff weight of 12,500 pounds or more'' and
inserting ``an aircraft'';
(5) by striking ``paragraph (1)'' in paragraph (1)(B), as
redesignated, and inserting ``subparagraph (A)''; and
(6) by adding at the end the following:
``(2) Exception.--The requirements of paragraph (1) shall
not apply to an alien who--
``(A) has earned a Federal Aviation Administration type
rating in an aircraft; or
[[Page S11299]]
``(B) holds a current pilot's license or foreign equivalent
commercial pilot's license that permits the person to fly an
aircraft with a maximum certificated takeoff weight of more
than 12,500 pounds as defined by the International Civil
Aviation Organization in Annex 1 to the Convention on
International Civil Aviation.''.
(b) Covered Training.--Section 44936(c) is amended to read
as follows:
``(c) Covered Training.--
``(1) In general.--For purposes of subsection (a), training
includes in-flight training, training in a simulator, and any
other form or aspect of training.
``(2) Exception.--For the purposes of subsection (a),
training does not include classroom instruction (also known
as ground training), which may be provided to an alien during
the 45-day period applicable to the alien under that
subsection.''.
(c) Procedures.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Attorney General shall promulgate
regulations to implement section 113 of the Aviation and
Transportation Security Act.
(2) Use of overseas facilities.--In order to implement the
amendments made to section 44939 of title 49, United States
Code, by this section, United States Embassies and Consulates
that have fingerprinting capability shall provide
fingerprinting services to aliens covered by that section if
the Attorney General requires their fingerprinting in the
administration of that section, and transmit the fingerprints
to the Department of Justice and any other appropriate
agency. The Attorney General of the United States shall
cooperate with the Secretary of State to carry out this
paragraph.
(d) Effective Date.--Not later than 120 days after the date
of enactment of this Act, the Attorney General shall
promulgate regulations to implement the amendments made by
this section. The Attorney General may not interrupt or
prevent the training of any person described in section
44939(a)(1) of title 49, United States Code, who commenced
training on aircraft with a maximum certificated takeoff
weight of 12,500 pounds or less before, or within 120 days
after, the date of enactment of this Act unless the
Attorney General determines that the person represents a
risk to aviation or national security.
(e) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation and
the Attorney General shall jointly submit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a report on the effectiveness of the
activities carried out under section 44939 of title 49,
United States Code, as amended by this section, in reducing
risks to aviation and national security
TITLE VIII--MISCELLANEOUS
SEC. 801. APPLICATIONS FOR NONLETHAL COCKPIT WEAPONS.
The Secretary of Transportation shall act expeditiously on
any pending application by an air carrier seeking authority
for the use of less-than-lethal-weapons by its flight crews.
SEC. 802. FAA NOTICES TO AIRMEN FDC 1/3353 AND 2/95823.
(a) In General.--The Secretary of Transportation--
(1) shall maintain in full force and effect the
restrictions imposed under Federal Aviation Administration
Notices to Airmen FDC 1/3353 and 2/9583 (including any local
Notices to Airmen of similar effect or import) as those
restrictions are in effect on the date of enactment of this
Act for a period of 180 days after that date;
(2) may not grant any waivers or exemptions from those
restrictions, except as authorized by air traffic control for
operational or safety purposes; and
(3) shall rescind immediately any waivers or exemptions
from those restrictions that are in effect on the date of
enactment of this Act.
(b) Waivers.--Beginning no earlier than 180 days after the
date of enactment of this Act, the Secretary may modify or
terminate such restrictions, or issue waivers or exemptions
from such restrictions, if the Secretary promulgates, after
public notice and an opportunity for comment, a rule under
which the Secretary may grant a waiver or exemption only if--
(1) the application for the waiver or exemption was
received by the Secretary not less than 5 days (excluding
Saturdays, Sundays, and holidays) before the proposed
operation for which it is requested;
(2) the application is for a specific stadium or venue,
during a specified period of time, for a specific aircraft,
and contains the names of the pilot, crew, and passengers who
will be aboard the aircraft;
(3) the pilot and each crewmember have passed a
fingerprint-based criminal history records check by the
Federal Bureau of Investigation;
(4) the names of all individuals aboard the aircraft have
been compared with names on appropriate security watch lists;
(5) access to the aircraft will be secured before the
proposed operation; and
(6) timely notice has been, or will be, given to the
operators of the affected stadium or other venue.
TITLE [VII] IX--TECHNICAL CORRECTIONS
SEC. [701.] 901. TECHNICAL CORRECTIONS.
(a) Section 114(j)(1)(D) is amended by inserting ``Under''
before ``Secretary''.
(b) Section 115(c)(1) is amended--
(1) by striking ``and ratify or disapprove''; and
(2) by striking ``security'' the second place it appears
and inserting ``Security''.
(c) Section 40109(b) is amended by striking ``40103(b)(1)
and (2), 40119, 44901, 44903, 44906, and 44935--44937'' and
inserting ``40103(b)(1) and (2) and 40119''.
(d) Section 44901(a) is amended by inserting ``or, in the
case of United States mail, by an officer or employee of the
United States Postal Service under standards and procedures
established by the Under Secretary,'' after `` Code),''.
(e) Section 44901(e) is amended by striking ``subsection
(b)(1)(A)'' and inserting ``subsection (d)(1)(A)''.
(f) Section 44901(g)(2) is amended by striking ``Except at
airports required to enter into agreements under subsection
(c), the'' and inserting ``The''.
(g) Section 44903 is amended--
(1) by striking ``Administrator'' in subsection (c)(3) and
inserting ``Under Secretary''; and
(2) by redesignating the second subsection (h), subsection
(i), and the third subsection (h) as subsections (i), (j),
and (k), respectively.
(h) Section 44909 is amended--
(1) by striking ``Not later than March 16, 1991, the'' in
subsection (a)(1) and inserting ``The''; and
(2) by inserting ``of Transportation for Security'' after
``Under Secretary'' in subsection (c)(2)(F).
(i) Section 44935 is amended--
[(1) by striking ``States;'' in subsection (e)(2)(A)(ii)
and inserting ``States or a national of the United States, as
defined in section 1101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22));''; and]
(1) by striking ``States;'' in subsection (e)(2)(A)(ii) and
inserting ``States or described in subparagraph (C);'';
(2) by redesignating subparagraph subsection (e)(2)(C) as
subparagraph (D);
(3) by inserting after subsection (e)(2)(B) the following:
``(C) Other individuals.--An individual is described in
this subparagraph if that individual--
``(i) is a national of the United States (as defined in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)));
``(ii) was born in a territory of the United States;
``(iii) was honorably discharged from service in the Armed
Forces of the United States; or
``(iv) is an alien lawfully admitted for permanent
residence, as defined in section 101(a)(20) of the
Immigration and Nationality Act and was employed to perform
security screening services at an airport in the United
States on the date of enactment of the Aviation and
Transportation Security Act (Public Law 107-71).''; and
[(2)] (4) by redesignating the second subsection (i) as
subsection (k).
(j) Section 44936(a)(1)(A) is amended by striking
``Transportation Security,,'' and inserting ``Security,''.
(k) Section 44940 is amended--
(1) by striking ``Federal law enforcement personnel
pursuant to section 44903(h).'' in subsection (a)(1)(G) and
inserting ``law enforcement personnel pursuant to this
title.'';
(2) by inserting ``for'' after ``rules'' in the caption of
subsection (d)(2); and
(3) by striking subsection (d)(4) and inserting the
following:
``(4) Fee collection.--Fees may be collected under this
section as provided in advance in appropriations Acts.''.
(l) Section 46301(a) is amended by adding at the end the
following:
``(8) Aviation security violations.--Notwithstanding
paragraphs (1) and (2) of this subsection, the maximum civil
penalty for violating chapter 449 or another requirement
under this title administered by the Under Secretary of
Transportation for Security is $10,000, except that the
maximum civil penalty is $25,000 in the case of a person
operating an aircraft for the transportation of passengers
or property for compensation (except an airman serving as
an airman).''.
(m) Section 46301(d)(2) is amended--
(1) by striking ``46302, 46303,'' in the first sentence;
(2) by striking the second sentence and inserting ``The
Under Secretary of Transportation for Security may impose a
civil penalty for a violation of section 114(l), section
40113, 40119, chapter 449 (except sections 44902, 44903(d),
44907(a)-(d)(1)(A), 44907(d)(1)(C)-(F), 44908, and 44909),
section 46302, 46303, or 46318 of this title, or a regulation
prescribed or order issued under any of those provisions.''.
(n) Section 46301(g) is amended by striking ``Secretary''
and inserting ``Secretary, the Under Secretary of
Transportation for Security,''.
(o) Chapter 465 is amended--
(1) by striking ``screening'' in the caption of section
46503; and
(2) by striking ``screening'' in the item relating to
section 46503 in the chapter analysis.
(p) Section 47115(i) is amended by striking ``non-federal''
each place it appears and inserting ``non-Federal''.
(q) Section 48107 is amended by striking ``section
44912(a)(4)(A).'' and inserting ``section 44912(a)(5)(A).''.
(r) Sections 44903(i)(1) (as redesignated), 44942(b), and
44943(c) are each amended by striking ``Under Secretary for
Transportation Security'' each place it appears and inserting
``Under Secretary''.
(s) Section 44936 is amended by adding at the end the
following:
``(f) Protection of Privacy of Applicants and Employees.--
The Under Secretary shall formulate and implement procedures
that are designed to prevent the transmission of information
not relevant to an applicant's or employee's qualifications
for unescorted access to secure areas of an airport when that
applicant or employee is undergoing a criminal history
records check.''.
[[Page S11300]]
(t) Sections 44942(a)(1) and 44943(a) are each amended by
striking ``Under Secretary for Transportation Security'' and
inserting ``Under Secretary of Transportation for Security''.
(u) Subparagraphs (B) and (C) of section 44936(a)(1) are
each amended by striking ``Under Secretary of Transportation
for Transportation Security'' and inserting ``Under
Secretary''.
(v) Section 44943(c) is amended by inserting ``and
Transportation'' after ``Aviation''.
(w) Section 44942(b) is amended--
(1) by striking ``(1) Performance plan and report.--'';
(2) redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively; and
(3) redesignating clauses (i) and (ii) of paragraph (1), as
redesignated, as subparagraphs (A) and (B), respectively.
(x) The chapter analysis for chapter 449 is amended by
inserting after the item relating to section 44941 the
following:
``44942. Performance goals and objectives.
``44943. Performance management plans.''.
(y) Section 44944(a)(1) is amended by striking ``Under
Secretary of Transportation for Transportation Security'' and
inserting ``Under Secretary of Transportation for Security''.
(z) Section 106(b)(2)(B) of the Aviation and Transportation
Security Act is amended by inserting ``Under'' before
``Secretary''.
(aa) Section 119(c) of the Aviation and Transportation
Security Act is amended by striking ``section 47192(3)(J)''
and inserting ``section 47102(3)(J)''.
(bb) Section 132(a) of the Aviation and Transportation
Security Act is amended by striking ``12,500 pounds or
more.'' and inserting ``more than 12,500 pounds.''.
Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the
committee-reported amendments be agreed to; I understand that Senators
Hollings and McCain have an amendment at the desk, and I ask that the
amendment be considered; that the Hollings-Rockefeller-McCain
amendment, which is at the desk, be considered and agreed to; that the
substitute amendment, as amended, be agreed to; that the motions to
reconsider be laid upon the table, en bloc; that the bill, as amended,
be read three times, passed, and the motion to reconsider be laid upon
the table; that any statements relating thereto be printed in the
Record, without intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendments were agreed to.
Amendment No. 4969 To Amendment No. 4968
(Purpose: To add the text of S. 2950, entitled ``A bill To amend title
49, United States Code, to authorize appropriations for the National
Transportation Safety Board for fiscal years 2003, 2004, and 2005, and
for other purposes'', as reported by the Committee on Commerce,
Science, and Transportation)
The amendment (No. 4969) was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
Amendment No. 4968
(Purpose: To provide for enhanced aviation security, and for other
purposes)
The amendment (No. 4968), in the nature of a substitute, as amended,
was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The bill (S. 2949), as amended, was read the third time and passed,
as follows:
S. 2949
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49.
(a) Short Title.--This Act may be cited as the ``Aviation
Security Improvement Act''.
(b) Amendment of title 49.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or a repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of title 49,
United States Code.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title; amendment of title 49.
Sec. 2. Table of contents.
TITLE I--AIR CARGO SECURITY
Sec. 101. Inspection of cargo carried aboard passenger aircraft.
Sec. 102. Air cargo shipping.
Sec. 103. Cargo carried aboard passenger aircraft.
Sec. 104. Training program for cargo handlers.
Sec. 105. Cargo carried aboard all-cargo aircraft.
TITLE II--PASSENGER IDENTIFICATION
Sec. 201. Passenger identification.
Sec. 202. Passenger identification verification.
TITLE III--CIRCUMVENTION OF AIRPORT SECURITY
Sec. 301. Prohibition on unauthorized circumvention of airport security
systems and procedures.
TITLE IV--BLAST RESISTANT CARGO CONTAINER TECHNOLOGY
Sec. 401. Blast-resistant cargo container technology.
TITLE V--FLIGHT SCHOOLS
Sec. 501. Modification of requirements regarding training to operate
aircraft
TITLE VI--MISCELLANEOUS
Sec. 601. FAA Notice to Airmen FDC 2/0199.
Title VII--Technical Corrections
Sec. 701. Technical corrections.
TITLE VIII--NTSB AUTHORIZATION
Sec. 801. Short title.
Sec. 802. Authorization of appropriations.
Sec. 803. Assistance to families of passengers involved in aircraft
accidents.
Sec. 804. Relief from contracting requirements for investigations
services.
TITLE IX--CHILD PASSENGER SAFETY
Sec. 901. Short title.
Sec. 902. Improvement of safety of child restraints in passenger motor
vehicles.
Sec. 903. Report on development of crash test dummy simulating a 10-
year old child.
Sec. 904. Requirements for installation of lap and shoulder belts.
Sec. 905. Two-year extension of child passenger protection education
grants program.
Sec. 906. Grants for improving child passenger safety programs.
Sec. 907. Definitions.
Sec. 908. Authorization of appropriations.
TITLE I--AIR CARGO SECURITY
SEC. 101. INSPECTION OF CARGO CARRIED ABOARD PASSENGER
AIRCRAFT.
Section 44901(f) is amended to read as follows:
``(f) Cargo.--
``(1) In general.--The Under Secretary of Transportation
for Security shall establish systems to screen, inspect, or
otherwise ensure the security of all cargo that is to be
transported in--
``(A) passenger aircraft operated by an air carrier or
foreign air carrier in air transportation or intrastate air
transportation; or
``(B) all-cargo aircraft in air transportation and
intrastate air transportation.
``(2) Strategic plan.--The Under Secretary shall develop a
strategic plan to carry out paragraph (1).''.
SEC. 102. AIR CARGO SHIPPING.
(a) In General.--Subchapter I of chapter 449, is amended by
adding at the end the following:
``Sec. 44921. Regular inspections of air cargo shipping
facilities
``The Under Secretary of Transportation for Security shall
establish a system for the regular inspection of shipping
facilities for shipments of cargo transported in air
transportation or intrastate air transportation to ensure
that appropriate security controls, systems, and protocols
are observed, and shall enter into arrangements with the
civil aviation authorities, or other appropriate officials,
of foreign countries to ensure that inspections are conducted
on a regular basis at shipping facilities for cargo
transported in air transportation to the United States.''.
(b) Additional Inspectors.--The Under Secretary may
increase the number of inspectors as necessary to implement
the requirements of title 49, United States Code, as amended
by this subtitle.
(c) Conforming Amendment.--The chapter analysis for chapter
449 is amended by adding at the end the following:
``44921. Regular inspections of air cargo shipping facilities''.
SEC. 103. CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
(a) In General.--Subchapter I of chapter 449, is further
amended by adding at the end the following:
``Sec. 44922. Air cargo security
``(a) Database.--The Under Secretary of Transportation for
Security shall establish an industry-wide pilot program
database of known shippers of cargo that is to be transported
in passenger aircraft operated by an air carrier or foreign
air carrier in air transportation or intrastate air
transportation. The Under Secretary shall use the results of
the pilot program to improve the known shipper program.
``(b) Indirect air carriers.--
``(1) Random inspections.--The Under Secretary shall
conduct random audits, investigations, and inspections of
indirect air carrier facilities to determine if the indirect
air carriers are meeting the security requirements of this
title.
``(2) Ensuring compliance.--The Under Secretary may take
such actions as may be appropriate to promote and ensure
compliance with the security standards established under this
title.
``(3) Notice of failures.--The Under Secretary shall notify
the Secretary of Transportation of any indirect air carrier
that fails to meet security standards established under this
title.
``(4) Suspension or revocation of certificate.--The
Secretary, as appropriate, shall suspend or revoke any
certificate or authority issued under chapter 411 to an
indirect
[[Page S11301]]
air carrier immediately upon the recommendation of the Under
Secretary. Any indirect air carrier whose certificate is
suspended or revoked under this subparagraph may appeal the
suspension or revocation in accordance with procedures
established under this title for the appeal of suspensions
and revocations.
``(5) Indirect air carrier.--In this subsection, the term
`indirect air carrier' has the meaning given that term in
part 1548 of title 49, Code of Federal Regulations.
``(c) Consideration of Community Needs.--In implementing
air cargo security requirements under this title, the Under
Secretary may take into consideration the extraordinary air
transportation needs of small or isolated communities and
unique operational characteristics of carriers that serve
those communities.''.
(b) Assessment of Indirect Air Carrier Program.--The Under
Secretary of Transportation for Security shall assess the
security aspects of the indirect air carrier program under
part 1548 of title 49, Code of Federal Regulations, and
report the result of the assessment, together with any
recommendations for necessary modifications of the program to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation
and Infrastructure within 45 days after the date of enactment
of this Act. The Under Secretary may submit the report and
recommendations in classified form.
(c) Report to Congress on Random Audits.--The Under
Secretary of Transportation for Security shall report to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure on random screening, audits, and
investigations of air cargo security programs based on threat
assessments and other relevant information. The report may be
submitted in classified form.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Transportation such
sums as may be necessary to carry out this section.
(e) Conforming Amendment.--The chapter analysis for chapter
449, as amended by section 102, is amended by adding at the
end the following:
``44922. Air cargo security''.
SEC. 104. TRAINING PROGRAM FOR CARGO HANDLERS.
The Under Secretary of Transportation for Security shall
establish a training program for any persons that handle air
cargo to ensure that the cargo is properly handled and safe-
guarded from security breaches.
SEC. 105. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT.
(a) In General.--The Under Secretary of Transportation for
Security shall establish a program requiring that air
carriers operating all-cargo aircraft have an approved plan
for the security of their air operations area, the cargo
placed aboard such aircraft, and persons having access to
their aircraft on the ground or in flight.
(b) Plan Requirements.--The plan shall include provisions
for--
(1) security of each carrier's air operations areas and
cargo acceptance areas at the airports served;
(2) background security checks for all employees with
access to the air operations area;
(3) appropriate training for all employees and contractors
with security responsibilities;
(4) appropriate screening of all flight crews and persons
transported aboard all-cargo aircraft;
(5) security procedures for cargo placed on all-cargo
aircraft as provided in section 44901(f)(1)(B) of title 49,
United States Code; and
(6) additional measures deemed necessary and appropriate by
the Under Secretary.
(c) Confidential Industry Review and Comment.--
(1) Circulation of proposed program.--The Under Secretary
shall--
(A) propose a program under subsection (a) within 90 days
after the date of enactment of this Act; and
(B) distribute the proposed program, on a confidential
basis, to those air carriers and other employers to which the
program will apply.
(2) Comment period.--Any person to which the proposed
program is distributed under paragraph (1) may provide
comments on the proposed program to the Under Secretary not
more than 60 days after it was received.
(3) Final program.--The Under Secretary of Transportation
shall issue a final program under subsection (a) not later
than 45 days after the last date on which comments may be
provided under paragraph (2). The final program shall contain
time frames for the plans to be implemented by each air
carrier or employer to which it applies.
(4) Suspension of procedural norms.--Neither chapter 5 of
title 5, United States Code, nor the Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to the program
required by this section.
TITLE II--PASSENGER IDENTIFICATION
SEC. 201. PASSENGER IDENTIFICATION.
(a) In General.--Subchapter I of chapter 449, as amended by
title II of this Act, is further amended by adding at the end
the following:
``Sec. 44923. Passenger identification
``(a) In General.--Not later than 180 days after the date
of enactment of the Aviation Security Improvement Act, the
Under Secretary of Transportation for Security, in
consultation with the Administrator of the Federal Aviation
Administration, appropriate law enforcement, security, and
terrorism experts, representatives of air carriers and labor
organizations representing individuals employed in commercial
aviation, shall develop protocols to provide guidance for
detection of false or fraudulent passenger identification.
The protocols may consider new technology, current
identification measures, training of personnel, and issues
related to the types of identification available to the
public.
``(b) Air Carrier Programs.--Within 60 days after the Under
Secretary issues the protocols under subsection (a) in final
form, the Under Secretary shall provide them to each air
carrier. The Under Secretary shall establish a joint
government and industry council to develop recommendations on
how to implement the protocols. The Under Secretary shall
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure within 1 year after the
date of enactment of the Aviation Security Improvement Act on
the actions taken under this section.''.
(b) Conforming Amendment.--The chapter analysis for chapter
449, is amended by adding at the end the following:
``44923. Passenger identification''.
SEC. 202. PASSENGER IDENTIFICATION VERIFICATION.
(a) Requirement.--Subchapter I of chapter 449, is further
amended by adding at the end the following:
``Sec. 44924. Passenger identification verifica-tion
``(a) Program Required.--The Under Secretary of
Transportation for Security may establish and carry out a
program to require the installation and use at airports in
the United States of such identification verification
technologies as the Under Secretary considers appropriate to
assist in the screening of passengers boarding aircraft at
such airports.
``(b) Technologies Employed.--The identification
verification technologies required as part of the program
under subsection (a) may include identification scanners,
biometrics, retinal, iris, or facial scanners, or any other
technologies that the Under Secretary considers appropriate
for purposes of the program.
``(c) Commencement.--If the Under Secretary determines that
the implementation of such a program is appropriate, the
installation and use of identification verification
technologies under the program shall commence as soon as
practicable after the date of that determination.''.
(b) Conforming Amendment.--The chapter analysis for chapter
449 is amended by adding at the end the following:
``44924. Passenger identification verification''.
TITLE III--CIRCUMVENTION OF AIRPORT SECURITY
SEC. 301. PROHIBITION ON UNAUTHORIZED CIRCUMVENTION OF
AIRPORT SECURITY SYSTEMS AND PROCEDURES.
(a) Prohibition.--Section 46503 is amended--
(1) by inserting ``(a) Interference With Security Screening
Personnel.--'' before ``An individual''; and
(2) by adding at the end the following new subsection:
``(b) Unauthorized Circumvention of Security Systems and
Procedures.--An individual in an area within a commercial
service airport in the United States who intentionally
circumvents, in an unauthorized manner, a security system or
procedure in the airport shall be fined under title 18,
imprisoned for not more than 10 years, or both.''.
(b) Conforming and Clerical Amendments.--
(1) The section heading of that section is amended to read
as follows:
``Sec. 46503. Interference with security screening personnel;
unauthorized circumvention of security systems or
procedures''.
(2) The chapter analysis for chapter 465 is amended by
striking the item relating to section 46503 and inserting the
following:
``46503. Interference with security screening personnel; unauthorized
circumvention of security systems or procedures''.
TITLE IV--BLAST RESISTANT CARGO CONTAINER TECHNOLOGY
SEC. 401. BLAST-RESISTANT CARGO CONTAINER TECHNOLOGY.
Not later than 6 months after the date of enactment of this
Act, the Under Secretary of Transportation for Security, and
the Administrator of the Federal Aviation Administration,
shall jointly submit a report to Congress that--
(1) evaluates blast-resistant cargo container technology to
protect against explosives in passenger luggage and cargo;
(2) examines the advantages associated with this technology
in preventing the damage and loss of aircraft from terrorist
action, any operational impacts which may result
(particularly added weight and costs) and whether
alternatives exist to mitigate such impacts, and options
available to pay for this technology; and
(3) provides recommendations on what further action, if
any, should be taken with respect to the use of blast-
resistant cargo containers on passenger aircraft.
[[Page S11302]]
TITLE V--FLIGHT SCHOOLS
SEC. 501. MODIFICATION OF REQUIREMENTS REGARDING TRAINING TO
OPERATE AIRCRAFT.
(a) Aliens Covered by Waiting Period.--Subsection (a) of
section 44939 is amended--
(1) by resetting the text of subsection (a) after ``(a)
Waiting Period.--'' as a new paragraph 2 ems from the left
margin;
(2) by striking ``A person'' in that new paragraph and
inserting ``(1) In general.--A person'';
(3) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(4) by striking ``any aircraft having a maximum
certificated takeoff weight of 12,500 pounds or more'' and
inserting ``an aircraft'';
(5) by striking ``paragraph (1)'' in paragraph (1)(B), as
redesignated, and inserting ``subparagraph (A)''; and
(6) by adding at the end the following:
``(2) Exception.--The requirements of paragraph (1) shall
not apply to an alien who--
``(A) has earned a Federal Aviation Administration type
rating in an aircraft; or
``(B) holds a current pilot's license or foreign equivalent
commercial pilot's license that permits the person to fly an
aircraft with a maximum certificated takeoff weight of more
than 12,500 pounds as defined by the International Civil
Aviation Organization in Annex 1 to the Convention on
International Civil Aviation.''.
(b) Covered Training.--Section 44936(c) is amended to read
as follows:
``(c) Covered Training.--
``(1) In general.--For purposes of subsection (a), training
includes in-flight training, training in a simulator, and any
other form or aspect of training.
``(2) Exception.--For the purposes of subsection (a),
training does not include classroom instruction (also known
as ground training), which may be provided to an alien during
the 45-day period applicable to the alien under that
subsection.''.
(c) Procedures.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Attorney General shall promulgate
regulations to implement section 113 of the Aviation and
Transportation Security Act.
(2) Use of overseas facilities.--In order to implement the
amendments made to section 44939 of title 49, United States
Code, by this section, United States Embassies and Consulates
that have fingerprinting capability shall provide
fingerprinting services to aliens covered by that section if
the Attorney General requires their fingerprinting in the
administration of that section, and transmit the fingerprints
to the Department of Justice and any other appropriate
agency. The Attorney General of the United States shall
cooperate with the Secretary of State to carry out this
paragraph.
(d) Effective Date.--Not later than 120 days after the date
of enactment of this Act, the Attorney General shall
promulgate regulations to implement the amendments made by
this section. The Attorney General may not interrupt or
prevent the training of any person described in section
44939(a)(1) of title 49, United States Code, who commenced
training on aircraft with a maximum certificated takeoff
weight of 12,500 pounds or less before, or within 120 days
after, the date of enactment of this Act unless the Attorney
General determines that the person represents a risk to
aviation or national security.
(e) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation and
the Attorney General shall jointly submit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a report on the effectiveness of the
activities carried out under section 44939 of title 49,
United States Code, as amended by this section, in reducing
risks to aviation and national security.
TITLE VI--MISCELLANEOUS
SEC. 601. FAA NOTICE TO AIRMEN FDC 2/0199.
(a) In General.--The Secretary of Transportation--
(1) shall maintain in full force and effect the
restrictions imposed under Federal Aviation Administration
Notice to Airmen FDC 2/0199 (including any local Notices to
Airmen of similar effect or import), as those restrictions
are in effect on the date of enactment of this Act, for a
period of 180 days after that date;
(2) shall rescind immediately any waivers or exemptions
from those restrictions that are in effect on the date of
enactment of this Act; and
(3) may not grant any waivers or exemptions from those
restrictions, except--
(A) as authorized by air traffic control for operational or
safety purposes;
(B) for operational purposes of an event, stadium, or other
venue, including (in the case of a sporting event) equipment
or parts, transport of team members, officials of the
governing body and immediate family members of team members
and officials to and from the event, stadium, or other venue;
(C) for broadcast coverage for any broadcast rights holder;
(D) for safety and security purposes of the event, stadium,
or other venue; or
(E) to operate an aircraft in restricted airspace to the
extent necessary to arrive at or depart from an airport using
standard air traffic procedures.
(b) Waivers.--Beginning no earlier than 180 days after the
date of enactment of this Act, the Secretary may modify or
terminate such restrictions, or issue waivers or exemptions
from such restrictions, if the Secretary promulgates, after
public notice and an opportunity for comment, a rule setting
forth the standards under which the Secretary may grant a
waiver or exemption. Such standards shall provide a level of
security at least equivalent to that provided by the waiver
policy applied by the Secretary as of the date of enactment
of this Act.
(c) Broadcast Contracts Not Affected.--Nothing in this
section shall be construed to affect contractual rights
pertaining to any broadcasting agreement.
TITLE VII--TECHNICAL CORRECTIONS
SEC. 701. TECHNICAL CORRECTIONS.
(a) Section 114(j)(1)(D) is amended by inserting ``Under''
before ``Secretary''.
(b) Section 115(c)(1) is amended--
(1) by striking ``and ratify or disapprove''; and
(2) by striking ``security'' the second place it appears
and inserting ``Security''.
(c) Section 40109(b) is amended by striking ``40103(b)(1)
and (2), 40119, 44901, 44903, 44906, and 44935--44937'' and
inserting ``40103(b)(1) and (2) and 40119''.
(d) Section 44901(e) is amended by striking ``subsection
(b)(1)(A)'' and inserting ``subsection (d)(1)(A)''.
(e) Section 44901(g)(2) is amended by striking ``Except at
airports required to enter into agreements under subsection
(c), the'' and inserting ``The''.
(f) Section 44903 is amended--
(1) by striking ``Administrator'' in subsection (c)(3) and
inserting ``Under Secretary''; and
(2) by redesignating the second subsection (h), subsection
(i), and the third subsection (h) as subsections (i), (j),
and (k), respectively.
(g) Section 44909 is amended--
(1) by striking ``Not later than March 16, 1991, the'' in
subsection (a)(1) and inserting ``The''; and
(2) by inserting ``of Transportation for Security'' after
``Under Secretary'' in subsection (c)(2)(F).
(h) Section 44935 is amended--
(1) by striking ``States;'' in subsection (e)(2)(A)(ii) and
inserting ``States or described in subparagraph (C);'';
(2) by redesignating subparagraph subsection (e)(2)(C) as
subparagraph (D);
(3) by inserting after subsection (e)(2)(B) the following:
``(C) Other individuals.--An individual is described in
this subparagraph if that individual--
``(i) is a national of the United States (as defined in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)));
``(ii) was born in a territory of the United States;
``(iii) was honorably discharged from service in the Armed
Forces of the United States; or
``(iv) is an alien lawfully admitted for permanent
residence, as defined in section 101(a)(20) of the
Immigration and Nationality Act and was employed to perform
security screening services at an airport in the United
States on the date of enactment of the Aviation and
Transportation Security Act (Public Law 107-71).'';
(4) by inserting ``and'' after the semicolon in subsection
(e)(2)(A) (iii);
(5) by striking ``establish; and'' in subsection
(e)(2)(A)(iv) and inserting ``establish.'';
(6) by striking subsection (e)(2)(A)(v);
(7) by adding at the end of subsection (f)(1) the
following:
``(E) The individual shall be able to demonstrate daily a
fitness for duty without any impairment due to illegal drugs,
sleep deprivation, medication, or alcohol.''; and
(8) by redesignating the second subsection (i) as
subsection (k).
(i) Section 44936(a)(1)(A) is amended by striking
``Transportation Security,,'' and inserting ``Security,''.
(j) Section 44940 is amended--
(1) by striking ``Federal law enforcement personnel
pursuant to section 44903(h).'' in subsection (a)(1)(G) and
inserting ``law enforcement personnel pursuant to this
title.'';
(2) by inserting ``for'' after ``rules'' in the caption of
subsection (d)(2); and
(3) by striking subsection (d)(4) and inserting the
following:
``(4) Fee collection.--Fees may be collected under this
section as provided in advance in appropriations Acts.''.
(k) Section 46301(a) is amended by adding at the end the
following:
``(8) Aviation security violations.--Notwithstanding
paragraphs (1) and (2) of this subsection, the maximum civil
penalty for violating chapter 449 or another requirement
under this title administered by the Under Secretary of
Transportation for Security is $10,000, except that the
maximum civil penalty is $25,000 in the case of a person
operating an aircraft for the transportation of passengers or
property for compensation (except an airman serving as an
airman).''.
(l) Section 46301(d)(2) is amended--
(1) by striking ``46302, 46303,'' in the first sentence;
(2) by striking the second sentence and inserting ``The
Under Secretary of Transportation for Security may impose a
civil penalty for a violation of section 114(l), section
40113, 40119, chapter 449 (except sections 44902, 44903(d),
44907(a)--(d)(1)(A), 44907(d)(1)(C)--(F), 44908, and 44909),
section
[[Page S11303]]
46302, 46303, or 46318 of this title, or a regulation
prescribed or order issued under any of those provisions.''.
(m) Section 46301(g) is amended by striking ``Secretary''
and inserting ``Secretary, the Under Secretary of
Transportation for Security,''.
(n) Chapter 465 is amended--
(1) by striking ``screening'' in the caption of section
46503; and
(2) by striking ``screening'' in the item relating to
section 46503 in the chapter analysis.
(o) Section 47115(i) is amended by striking ``non-federal''
each place it appears and inserting ``non-Federal''.
(p) Section 48107 is amended by striking ``section
44912(a)(4)(A).'' and inserting ``section 44912(a)(5)(A).''.
(q) Sections 44903(i)(1) (as redesignated), 44942(b), and
44943(c) are each amended by striking ``Under Secretary for
Transportation Security'' each place it appears and inserting
``Under Secretary''.
(r) Section 44936 is amended by adding at the end the
following:
``(f) Protection of Privacy of Applicants and Employees.--
The Under Secretary shall formulate and implement procedures
that are designed to prevent the transmission of information
not relevant to an applicant's or employee's qualifications
for unescorted access to secure areas of an airport when that
applicant or employee is undergoing a criminal history
records check.''.
(s) Sections 44942(a)(1) and 44943(a) are each amended by
striking ``Under Secretary for Transportation Security'' and
inserting ``Under Secretary of Transportation for Security''.
(t) Subparagraphs (B) and (C) of section 44936(a)(1) are
each amended by striking ``Under Secretary of Transportation
for Transportation Security'' and inserting ``Under
Secretary''.
(u) Section 44943(c) is amended by inserting ``and
Transportation'' after ``Aviation''.
(v) Section 44942(b) is amended--
(1) by striking ``(1) Performance plan and report.--'';
(2) redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively; and
(3) redesignating clauses (i) and (ii) of paragraph (1), as
redesignated, as subparagraphs (A) and (B), respectively.
(w) The chapter analysis for chapter 449 is amended by
inserting after the item relating to section 44941 the
following:
``44942. Performance goals and objectives
``44943. Performance management plans''.
(x) Section 44944(a)(1) is amended by striking ``Under
Secretary of Transportation for Transportation Security'' and
inserting ``Under Secretary of Transportation for Security''.
(y) Section 106(b)(2)(B) of the Aviation and Transportation
Security Act is amended by inserting ``Under'' before
``Secretary''.
(z) Section 119(c) of the Aviation and Transportation
Security Act is amended by striking ``section 47192(3)(J)''
and inserting ``section 47102(3)(J)''.
(aa) Section 132(a) of the Aviation and Transportation
Security Act is amended by striking ``12,500 pounds or
more.'' and inserting ``more than 12,500 pounds.''.
TITLE VIII--NTSB AUTHORIZATION
SEC. 801. SHORT TITLE.
This title may be cited as the ``National Transportation
Safety Board Reauthorization Act of 2002''.
SEC. 802. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Years 2003-2005.--Section 1118(a) of title 49,
United States Code, is amended--
(1) by striking ``and''; and
(2) by striking ``such sums to'' and inserting the
following: ``$73,325,000 for fiscal year 2003, $84,999,000
for fiscal year 2004, and $89,687,000 for fiscal year 2005.
Such sums shall''.
(b) Emergency Fund.--Section 1118(b) of such title is
amended by striking the second sentence and inserting the
following: ``In addition, there are authorized to be
appropriated such sums as may be necessary to increase the
fund to, and maintain the fund at, a level not to exceed
$3,000,000.''.
(c) NTSB Academy.--Section 1118 of such title is amended by
adding at the end the following:
``(c) Academy.--
``(1) Authorization.--There are authorized to be
appropriated to the Board for necessary expenses of the
National Transportation Safety Board Academy, not otherwise
provided for, $3,347,000 for fiscal year 2003, $4,896,000 for
fiscal year 2004, and $4,995,000 for fiscal year 2005. Such
sums shall remain available until expended.
``(2) Fees.--The Board may impose and collect such fees as
it determines to be appropriate for services provided by or
through the Academy.
``(3) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, any fee collected
under this paragraph--
``(A) shall be credited as offsetting collections to the
account that finances the activities and services for which
the fee is imposed;
``(B) shall be available for expenditure only to pay the
costs of activities and services for which the fee is
imposed; and
``(C) shall remain available until expended.
``(4) Refunds.--The Board may refund any fee paid by
mistake or any amount paid in excess of that required.''.
(d) Report on Academy Operations.--The National
Transportation Safety Board shall transmit an annual report
to the Congress on the activities and operations of the
National Transportation Safety Board Academy.
SEC. 803. ASSISTANCE TO FAMILIES OF PASSENGERS INVOLVED IN
AIRCRAFT ACCIDENTS.
(a) Relinquishment of Investigative Priority.--Section 1136
of title 49, United States Code, is amended by adding at the
end the following:
``(j) Relinquishment of Investigative Priority.--
``(1) General rule.--This section (other than subsection
(g)) shall not apply to an aircraft accident if the Board has
relinquished investigative priority under section
1131(a)(2)(B) and the Federal agency to which the Board
relinquished investigative priority is willing and able to
provide assistance to the victims and families of the
passengers involved in the accident.
``(2) Board assistance.--If this section does not apply to
an aircraft accident because the Board has relinquished
investigative priority with respect to the accident, the
Board shall assist, to the maximum extent possible, the
agency to which the Board has relinquished investigative
priority in assisting families with respect to the
accident.''.
(b) Revision of MOU.--Not later than 1 year after the date
of enactment of this Act, the National Transportation Safety
Board and the Federal Bureau of Investigation shall revise
their 1977 agreement on the investigation of accidents to
take into account the amendments made by this section and
shall submit a copy of the revised agreement to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 804. RELIEF FROM CONTRACTING REQUIREMENTS FOR
INVESTIGATIONS SERVICES.
Section 1113(b) of title 49, United States Code, is
amended--
(1) by striking ``Statutes;'' in paragraph (1)(B) and
inserting ``Statutes, and, for investigations conducted under
section 1131, enter into such agreements or contracts without
regard to any other provision of law requiring competition if
necessary to expedite the investigation;''; and
(2) by adding at the end the following:
``(3) The Board, as a component of its annual report under
section 1117, shall include an enumeration of each contract
for $25,000 or more executed under this section during the
preceding calendar year.''.
TITLE IX--CHILD PASSENGER SAFETY
SEC. 901. SHORT TITLE.
This title may be cited as ``Anton's Law''.
SEC. 902. IMPROVEMENT OF SAFETY OF CHILD RESTRAINTS IN
PASSENGER MOTOR VEHICLES.
(a) In General.--Not later than 12 months after the date of
the enactment of this Act, the Secretary of Transportation
shall initiate a rulemaking proceeding to establish
performance requirements for child restraints, including
booster seats, for the restraint of children weighing more
than 50 pounds.
(b) Elements for Consideration.--In the rulemaking
proceeding required by subsection (a), the Secretary shall--
(1) consider whether to include injury performance criteria
for child restraints, including booster seats and other
products for use in passenger motor vehicles for the
restraint of children weighing more than 40 pounds, under the
requirements established in the rulemaking proceeding;
(2) consider whether to establish performance requirements
for seat belt fit when used with booster seats and other belt
guidance devices;
(3) consider whether to develop a solution for children
weighing more than 40 pounds who only have access to seating
positions with lap belts, such as allowing tethered child
restraints for such children; and
(4) review the definition of the term ``booster seat'' in
Federal motor vehicle safety standard No. 213 under section
571.213 of title 49, Code of Federal Regulation, to determine
if it is sufficiently comprehensive.
(c) Completion.--The Secretary shall complete the
rulemaking proceeding required by subsection (a) not later
than 30 months after the date of the enactment of this Act.
SEC. 903. REPORT ON DEVELOPMENT OF CRASH TEST DUMMY
SIMULATING A 10-YEAR OLD CHILD.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Transportation shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report on the current schedule and
status of activities of the Department of Transportation to
develop, evaluate, and certify a commercially available dummy
that simulates a 10-year old child for use in testing the
effectiveness of child restraints used in passenger motor
vehicles.
SEC. 904. REQUIREMENTS FOR INSTALLATION OF LAP AND SHOULDER
BELTS.
(a) In General.--Not later than 24 months after the date of
the enactment of this Act, the Secretary of Transportation
shall complete a rulemaking proceeding to amend Federal motor
vehicle safety standard No. 208 under section 571.208 of
title 49, Code of Federal Regulations, relating to occupant
crash protection, in order to--
(1) require a lap and shoulder belt assembly for each rear
designated seating position in a
[[Page S11304]]
passenger motor vehicle with a gross vehicle weight rating of
10,000 pounds or less, except that if the Secretary
determines that installation of a lap and shoulder belt
assembly is not practicable for a particular designated
seating position in a particular type of passenger motor
vehicle, the Secretary may exclude the designated seating
position from the requirement; and
(2) apply that requirement to passenger motor vehicles in
phases in accordance with subsection (b).
(b) Implementation Schedule.--The requirement prescribed
under subsection (a)(1) shall be implemented in phases on a
production year basis beginning with the production year that
begins not later than 12 months after the end of the year in
which the regulations are prescribed under subsection (a).
The final rule shall apply to all passenger motor vehicles
with a gross vehicle weight rating of 10,000 pounds or less
that are manufactured in the third production year of the
implementation phase-in under the schedule.
(c) Report on Determination To Exclude.--
(1) Requirement.--If the Secretary determines under
subsection (a)(1) that installation of a lap and shoulder
belt assembly is not practicable for a particular designated
seating position in a particular type of motor vehicle, the
Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report
specifying the reasons for the determination.
(2) Deadline.--The report under paragraph (1) shall be
submitted, if at all, not later than 30 days after the date
on which the Secretary issues a final rule under subsection
(a).
SEC. 905. TWO-YEAR EXTENSION OF CHILD PASSENGER PROTECTION
EDUCATION GRANTS PROGRAM.
Section 2003(b)(7) of the Transportation Equity Act for the
21st Century (23 U.S.C. 405 note; 112 Stat. 328) is amended
by striking ``and 2001.'' and inserting ``through 2004.''
SEC. 906. GRANTS FOR IMPROVING CHILD PASSENGER SAFETY
PROGRAMS.
(a) In General.--Chapter 4 of title 23, United States Code,
is amended by adding at the end the following new section:
``Sec. 412. Grant program for improving child passenger
safety programs
``(a) Standards and Requirements Regarding Child Restraint
Laws.--Not later than October 1, 2003, the Secretary shall
establish appropriate criteria applicable to child restraint
laws for purposes of eligibility for grants under this
section. The criteria shall be consistent with the provisions
of Anton's Law.
``(b) Requirement To Make Grants.--
``(1) In general.--The Secretary shall make a grant to each
State and Indian tribe that, as determined by the Secretary,
has a child restraint law in effect on September 30, 2004.
``(2) Limitation on number of grants.--Not more than one
grant may be made to a State or Indian tribe under this
section.
``(3) Commencement.--The requirement in paragraph (1) shall
commence on October 1, 2004.
``(c) Grant Amount.--The amount of the grant to a State or
Indian tribe under this section shall be the amount equal to
five times the amount provided to the State or Indian tribe,
as the case may be, under section 2003(b)(7) of the
Transportation Equity Act for the 21st Century (23 U.S.C. 405
note) in fiscal year 2003.
``(d) Use of Grant Amounts.--
``(1) In general.--A State or Indian tribe shall use any
amount received by the State or Indian tribe, as the case may
be, under this section to carry out child passenger
protection programs for children under the age of 16 years,
including programs for purposes as follows:
``(A) To educate the public concerning the proper use and
installation of child restraints, including booster seats.
``(B) To train and retain child passenger safety
professionals, police officers, fire and emergency medical
personnel, and educators concerning all aspects of the use of
child restraints.
``(C) To provide child restraint systems, including booster
seats and the hardware needed for their proper installation,
to families that cannot otherwise afford such systems.
``(D) To support enforcement of the child restraint law
concerned.
``(2) Limitation on federal share.--The Federal share of
the cost of a program under paragraph (1) that is carried out
using amounts from a grant under this section may not exceed
80 percent of the cost of the program.
``(e) Administrative Expenses.--The amount of
administrative expenses under this section in any fiscal year
may not exceed the amount equal to five percent of the amount
available for making grants under this section in the fiscal
year.
``(f) Applicability of Chapter 1.--The provisions of
section 402(d) of this title shall apply to funds authorized
to be appropriated to make grants under this section as if
such funds were highway safety funds authorized to be
appropriated to carry out section 402 of this title.
``(g) Definitions.--In this section:
``(1) Child restraint law.--The term `child restraint law'
means a law that--
``(A) satisfies standards established by the Secretary
under Anton's Law for the proper restraint of children who
are over the age of 3 years or who weigh at least 40 pounds;
``(B) prescribes a penalty for operating a passenger motor
vehicle in which any occupant of the vehicle who is under the
age of 16 years is not properly restrained in an appropriate
restraint system (including seat belts, booster seats used in
combination with seat belts, or other child restraints); and
``(C) meets any criteria established by the Secretary under
subsection (a) for purposes of this section.
``(2) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given that term in section 405(f)(5)
of this title.
``(3) State.--The term `State' has the meaning given in
section 101 of this title and includes any Territory or
possession of the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of that chapter is amended by inserting after the
item relating to section 411 the following new item:
``412. Grant program for improving child passenger safety programs.''.
SEC. 907. DEFINITIONS.
In this title:
(1) Child restraint.--The term ``child restraint'' means
any product designed to provide restraint to a child
(including booster seats and other products used with a lap
and shoulder belt assembly) that meets applicable Federal
motor vehicle safety standards prescribed by the National
Highway Traffic Safety Administration.
(2) Production year.--The term ``production year'' means
the 12-month period between September 1 of a year and August
31 of the following year.
(3) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning given that term in section
405(f)(5) of title 23, United States Code.
SEC. 908. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Transportation such sums as may be necessary to carry out
this title, including the making of grants under section 412
of title 23, United States Code, as added by section 906.
Mrs. HUTCHISON. Mr. President, I appreciate the fact that we have now
passed an air cargo security bill that I think will move the ball a
long way down the road toward ensuring the safety of the traveling
public and our aviation industry.
Since the 9/11 terrorist attacks, we have spent a tremendous amount
of time, effort, and resources improving our passenger aviation
security system. In fact, tomorrow we have a very important deadline
that will be met. All of the airport screeners in our country will be
Federal employees who have met a series of stringent requirements,
undergone mandatory training, and passed performance and written
examinations.
I am proud of the work we have done in this area, but I am also
concerned that we have been neglecting other modes of transportation as
we continue to focus on passenger aircraft. 1 year ago, Congress
created the Transportation Security Administration to implement and
oversee security on our highways, in our airports, on trains, and in
our ports. However, until now, we only gave to the TSA the tools to do
the job with respect to passenger aviation security.
Last week, we finally passed the port security bill. Now we need to
take another step toward transportation security. While I am confident
that our efforts have dramatically improved aviation security, we have
not closed all the loopholes in our air cargo operations. This issue
must be addressed.
Twenty-two percent of all air cargo in the United States is carried
on passenger flights, but only a tiny percentage of this cargo is
inspected. There is no point to carefully screening every piece of
luggage if the cargo placed aboard the same flight is not inspected at
all. That is why I introduced the Air Cargo Security Act with my friend
from California, Senator Dianne Feinstein. We reasoned it was pointless
to require air passengers to wait in long security lines, undergo
rigorous searches, which all of us have certainly had the privilege of
suffering through, if we then allow packages to travel on the very same
flight with no inspections whatsoever. Ignoring this problem could be
an invitation to disaster.
My legislation was the subject of a closed-door hearing of the
Aviation Subcommittee. Without going into details, it was apparent
there are significant vulnerabilities in our existing system of air
cargo security. The Transportation Security Administration is doing the
best it can with limited resources. But clearly, legislation is
required.
I modified the bill in response to those weaknesses and the
recommendations made by the Transportation Security Administration, as
well as the
[[Page S11305]]
Department of Transportation Inspector General.
This bill was unanimously passed by the Commerce Committee in
September as part of a larger package of aviation security measures.
Some of these provisions made their way into the homeland security
compromise draft, but air cargo security is too important to simply
wait until next year.
The bill before us will establish a more reliable and accountable
known shipper program, with frequent inspections of shipping
facilities, tamper-proof identification cards for employees, and an
accessible shipper database.
For the first time, the Transportation Security Administration will
have the power to revoke the license of a shipper or freight forwarder
whose practices are unsound or who has engaged in illegal activity.
The bill also requires the Transportation Security Administration to
conduct regular inspections of foreign shipping facilities. Freight
forwarders will have to submit to random inspections, and the TSA must
also implement a training program for cargo professionals. All cargo
facilities must have an improved security plan.
While we tighten these rules and procedures, we must be careful not
to cause any economic damage to an airline industry that is already in
dire straits. It is critical that the measures we impose allow both
passenger and cargo carriers to compete on an equal footing. We drafted
this bill in consultation with air cargo carriers and the airlines. I
am pleased that we have gained their support, because it is important
we have the regulators and the aviation industry working together to
make the most seamless security system possible, not only in our
country but throughout the world.
I also want to point out that the bill before us would accomplish
several other goals. These provisions have all been approved by the
Commerce Committee, and I thank Senators Hollings and McCain for their
leadership.
The bill reauthorizes the National Transportation Safety Board
through fiscal year 2005. I was proud to serve as vice chair of the
National Transportation Safety Board before I came to the Senate. This
agency investigates civil aviation accidents and significant incidents
in other modes of transportation: railroad, highway, marine, and
pipeline. The NTSB also issues safety recommendations aimed at
preventing future accidents. This reauthorization also strengthens
performance requirements for booster seats for children weighing more
than 50 pounds. The NTSB's important work is completed on a very
reasonable budget. I am pleased to support this reauthorization bill.
The bill before us also makes technical corrections to last year's
Aviation and Transportation Security Act. It allows TSA to use
biometric identification technologies such as retina scans and
fingerprints to assist in aviation security. It defines circumvention
of airport security as a Federal crime. It authorizes a study on blast-
resistant cargo containers, and it strengthens security at flight
schools. These necessary measures fine-tune the comprehensive security
legislation we passed last year. I am pleased we have cleared this
legislation, and I urge my colleagues in the House to follow suit.
Mr. President, I would make a parliamentary inquiry. Am I correct in
concluding that all of the necessary steps and procedures have occurred
to assure that this bill has been passed and that Senate action on S.
2949 is now complete?
The PRESIDING OFFICER. The Senator is correct.
Ms. HUTCHISON. I thank the Chair.
I appreciate the cooperation of my colleagues. I thank Senator Reid
for helping me in this wrap-up. I know he has not yet come to the
floor, but I know that he helped us in clearing this bill. This bill
has been cleared by unanimous consent. It is a very important step in
securing our homeland. We have taken great strides to secure our
airports and the passenger screening is quite thorough. Everybody has
to smile when you say that, because anyone who has flown in America in
the last 6 months has certainly been subjected to a lot of scrutiny. I
have certainly been frisked. I have had my shoes taken off, all of
those things that drive people crazy. But the bottom line is, we do
have a safer system. We got the wake-up call on 9/11 of 2001. We have
taken extraordinary steps to secure our country and our aviation
system. Anyone who says our system is not safer today than it was on
September 10 of 2001 either has not flown or is being disingenuous.
I would like to thank Admiral Loy at the Transportation Security
Administration, and certainly Secretary Mineta and President Bush for
their strong leadership in homeland and transportation security. We are
going to do everything we can to make sure our people are safe.
The port security bill was a huge step in the right direction. I have
one of the largest petrochemical complexes in the world in Houston, TX.
I want to make sure they had all the authority and resources they need
to secure that port. In fact, just this week, I talked to the people
from the Port of Houston, and they are taking steps on their own. We
need to help them at the Federal level to improve security, but they
are not waiting for us to act. They know the importance of this issue
because they are on the front lines, hearing of new threats from Osama
bin Laden just recently. So they are battening down the hatches.
We are going to do the same thing with air cargo in the bill we just
passed. If the House does come back this year, I will urge my
colleagues in the House to look at this bill and try to work with us to
make sure the belly of the airplane is just as safe as the passenger
cabin is today. All of us want that to happen. I appreciate everybody's
cooperation in passing this very important piece of legislation. Mr.
President, I look forward to chairing the Aviation Subcommittee next
year, working with Senator Rockefeller, my ranking member, with whom I
have had a great working relationship. We have passed the aviation
security measure that is the law today. We worked together to pass the
port security bill.
Senator Rockefeller and I have a great vision for what we can do in
aviation to make our system not only secure and safe for the traveling
public, but also economically viable. Without an aviation industry,
this country would lose in commerce and in the freedom of our people to
travel. Our country is vast and we need aviation. I am looking forward
to chairing that Subcommittee with Senator Rockefeller and working to
try to make sure that we maintain an economically viable aviation
industry that is safe and secure for the traveling public, and for the
goods that comprise our commerce.
Mr. President, I yield the floor.
Mr. McCAIN. Mr. President, I rise to speak on S. 2949, the Aviation
Security Improvement Act. This bill builds and improves upon work that
began last year when Congress passed the Aviation and Transportation
Security Act, ATSA, P.L. 107-71. During the 10 months since that law's
enactment, there has been a significant change in the way aviation
security is handled. However, there is a long way to go until we
achieve all our aviation security goals. I believe the bill before us
would make many positive steps in the continuing effort to protect the
nation's air transportation system. This bill also contains the text of
S. 2950, the National Transportation Safety Board Reauthorization.
I want to begin by commending Senators Hutchison and Snowe for their
work on the air cargo security issue addressed in this legislation. The
cargo provisions flow directly from their bills and would bolster an
aspect of aviation security that was not addressed in great detail in
last year's law. This is one area in which we can and should be
proactive to get ahead of potential problems or vulnerabilities.
There is a particular issue in this bill that I want to discuss
briefly. In last year's security bill, we mandated that airport
screeners had to be U.S. citizens. While imposing that requirement was
an understandable impulse, it had some negative ramifications that were
not clear at the time. For example, American Samoans are not now
eligible to be screeners because they are considered nationals, not
citizens.
S. 2949 includes a provision to allow nationals of the U.S.,
honorably discharged veterans of the U.S. military, and lawful
permanent residents who were employed as airport security screeners at
the time of ATSA's enactment, to be eligible to compete for jobs
[[Page S11306]]
as federal security screeners. The provision would not require that
these individuals be hired, but give TSA the discretion to hire them if
they meet all the other statutory requirements concerning the hiring of
screeners. This is a fair and reasonable expansion of the existing
provision.
A similar provision was added to the Homeland Security bill. However,
the provision in the Homeland Security bill only expands the definition
to include U.S. nationals. It would still exclude an important segment
of the population-legal permanent residents. LPRs as they are known,
can join the military and risk giving up their lives fighting for our
country. Yet, to date, they cannot be hired as security screeners. This
is wrong, and we should correct it now.
In addition, S. 2949 would reauthorize the National Transportation
Safety Board. The NTSB is an independent Federal agency charged with
investigating every civil aviation accident in the United States. It
also investigates significant accidents in the other modes of
transportation--railorad, highway, marine, and pipeline--and issuing
safety recommendations intended to prevent future accidents. We are all
aware of the important role the NTSB plays in the safety of our
transportation system, and it is important that we move ahead with this
reauthorizing legislation.
A key element of this bill involves authorization for the NTSB's new
Training Academy, which will be the centerpiece of its teaching and
training of transportation accident investigators worldwide. It also
will provide state-of-the-art classrooms and laboratory space for
accident investigation. This is especially important with the advent of
new technology that is being used to build, fuel, and more all modes of
transportation.
The legislation also would streamline the NTSB's procurement process
during accident investigations and allow the Board to transfer its
family assistance responsibilities to any Federal agency that takes
over an investigation, such as the FBI, provided that the other agency
is willing and able to handle those duties. Finally the bill would
reauthorize the NTSB's funding for its day to day activities.
The importance of the agency is well known to all. I urge the support
of this bill.
____________________